美国的无罪裁决——从1989年到2003年

在1989年8月14日,伊利诺斯州芝加哥市库克郡巡回法院宣布1979年加利·多特森(GaryDotson)强奸案件的判决无效,并撤销了定罪裁决。多特森先生在监狱中服刑达10年之久,后来得到了假释,他并不是美国历史上第一个被无罪释放的无辜的囚犯。但是,该案是美国刑事司法历史上的一个转折点:他是第一个受益于 DNA 鉴定技术而被无罪释放的罪犯。该案掀开了美国刑事司法系统改革的帷幕。在此前,针对被错误定罪的被告作出无罪释放的裁决被视为是反常的情况。但是自从1989年以来,这种少有的事变成了一种令人不安的常见的情况。本研究报告旨在研究美国从1989年到2003年期间所作出的无罪裁决。通过调查那些作出无罪释     

Distributive justice and willingness to pay for municipality child care

With the aim of investigating factors affecting willingness to pay for municipality child care, a survey was undertaken in Sweden of 1840 parents living in five municipalities of different sizes. On the basis of the greed-efficiency-fairness hypothesis (Wilke, 1991) which is supported by results from experimental social dilemma research, it was hypothesized that perceived fairness of how the quality of child care is distributed (equal, proportional to need, or proportional to payment) as well as of method of payment (collectively by taxes or proportional to use by fees) would be important determinants of willingness to pay. Results showed that perceived fairness of how quality of child care is distributed played some role but that other factors had stronger effects. Perhaps also reflecting fairness considerations, willingness to pay by fees was on average higher than willingness to pay by taxes. Predicted from previous research, willingness to pay by taxes was furthermore found to increase with income and degree of use. However, willingness to pay by taxes showed an increase rather than the predicted decrease with municipality size.     

PARENT-CHILD OBSERVATIONS IN CUSTODY EVALUATIONS

Child custody evalutors need to increase the scientific foundations of their work, both for the benefit of clients and to address criticisms of the field. Observations of parents with children potentially yield huge amounts of data, and it is important for evaluators to consistently apply scientific and professional principles to make sense of all that information. Recommendations for observation sessions are made that integrate theory, research, and practice. These recommendations include the most important interactional dimensions to focus on, which family members to have present, the optimal level of stress, the number of sessions needed, and considerations about home visits.     

Regulation of Cohabitation and Marriage in Canada

Marriage in Canada had lost much of its legal significance because of the extension of many of the incidents of marriage to unmarried cohabitants of the same or opposite sex. This process has resulted in large part from decisions of the Supreme Court of Canada that discrimination on the basis of sexual orientation or marital status is constitutionally impermissible. In a decision that seemed to many a surprising reversal of this trend, the Supreme Court of Canada in 2002 ruled that legislators could constitutionally exclude unmarried couples from family property laws. The effect of this decision has been to revive the legal significance of marriage. At the same time, courts have resurrected the social significance of marriage by accepting the argument of same-sex marriage advocates that a "separate but equal" civil union institution would not respect the constitutional guarantee of equality and by endorsing the constitutional right of same-sex couples to the symbolic value of marriage as a public and legal celebration of a relationship. Same-sex marriages may now be legally celebrated in three Canadian provinces, and the federal government has made a commitment to open up civil marriage to same-sex couples across the country. While some same-sex couples and unmarried cohabitants have fought for spousal or marital status, others have sought to avoid the burdens associated with spousal status. After the same-sex marriage debate is concluded, Canada will be ready to move on to consider whether all of the legal privileges and burdens now assigned to those in conjugal relationships, whether married, unmarried, same-sex or opposite-sex, can be justified.